The Chhattisgarh High Court has firmly dismissed an appeal and upheld the life imprisonment of a man convicted for the horrific rape of a 9-year-old girl in Bilaspur district in 2018. In a significant ruling, the court emphasized that the consistent and trustworthy testimony of a minor survivor is sufficient to sustain a conviction and does not require corroboration as a mandatory rule.
Court's Landmark Observations on Child Testimony
A Division Bench comprising Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma delivered the judgment on Monday. The Bench strongly noted that seeking corroboration of a minor survivor's account as a standard practice "amounts to adding insult to injury." It found no reason to doubt the credibility of the survivors in this case.
The court was hearing the criminal appeal filed by the convict against his conviction by the Second Fast Track Special Court in Bilaspur. The case was registered under the Protection of Children from Sexual Offences (POCSO) Act following the incident in December 2018 under Sipat police station limits.
Details of the Crime and Legal Proceedings
The trial court had sentenced the accused to life imprisonment "for lifetime till death" under Section 5(m)/6 of the POCSO Act. He also received rigorous imprisonment under Sections 363 (kidnapping) and 366 (kidnapping or abducting a woman to compel her marriage) of the Indian Penal Code. All sentences were ordered to run concurrently.
Addressing key issues, the High Court approved the trial court's method of determining the survivor's age. It relied on the primary school admission register, which recorded her date of birth as March 16, 2009. This made her 9 years, 9 months, and 14 days old on the date of the offence, December 30, 2018. A second girl involved was also confirmed to be below 12 years old.
How the Assault Unfolded
The court detailed the harrowing sequence of events. The accused enticed the two minor girls away from lawful guardianship by sending them to buy gutkha. He then lured them towards a pond. The High Court held that this act fulfilled the legal ingredients of kidnapping under Section 361/363 of the IPC.
The survivor's testimony, fully supported by the second child, described a brutal assault. The accused took both girls to the pond, stripped them, and committed penetrative sexual assault. The survivor stated he inserted his genital into her mouth, bit her face, beat her, and caused bleeding from her private parts. The second child corroborated that the accused made them remove clothes, climbed on the older girl, "did dirty acts," and also assaulted her after luring them with money.
Forensic and Medical Evidence Corroborates Account
The High Court noted that the forensic science laboratory report found semen and human sperm on the survivor's pants and nappy, as well as on the accused's trousers. The medical examination revealed injuries inside and outside the survivor's vagina, which corroborated the ocular testimony.
The Bench underlined that oral penetration into the minor's mouth squarely falls within the expanded definition of rape under Section 375 of the IPC and constitutes penetrative sexual assault under the POCSO Act.
Rejecting the defence's challenges regarding the survivors' credibility and the lack of ossification tests, the High Court held that the prosecution had proved its case beyond reasonable doubt. Relying on Supreme Court precedents, it reiterated that conviction can rest on the sole testimony of a child survivor if it is natural, consistent, and inspires confidence.
Finding the trial court's conclusion to be the only possible view of the evidence, the Bench dismissed the appeal as devoid of merit. It directed that the convict, who is already in jail, must serve out his sentence. The court also ordered that he be informed of his right to approach the Supreme Court, with legal aid if necessary.
